Federal Register / Vol. 88, No. 230 / Friday, December 1, 2023 / Rules and Regulations 83825 

(j) No Reporting Requirement 

Although the service information 

referenced in paragraph (g)(1) of this AD and 

paragraphs (h)(1) through (3) of this AD 

specifies to submit certain information to the 

manufacturer, this AD does not include that 

requirement. 

(k) Additional AD Provisions 

The following provisions also apply to this 

AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Validation Branch, FAA, has the authority to 

approve AMOCs for this AD, if requested 

using the procedures found in 14 CFR 39.19. 

In accordance with 14 CFR 39.19, send your 

request to your principal inspector or 

responsible Flight Standards Office, as 

appropriate. If sending information directly 

to the Manager, International Validation 

Branch, mail it to the address identified in 

paragraph (l)(2) of this AD or email to: 9- 

AVS-AIR-730-AMOC@faa.gov. Before using 

any approved AMOC, notify your appropriate 

principal inspector, or lacking a principal 

inspector, the manager of the responsible 

Flight Standards Office. 

(2) Contacting the Manufacturer: For any 

requirement in this AD to obtain instructions 

from a manufacturer, the instructions must 

be accomplished using a method approved 

by the Manager, International Validation 

Branch, FAA; or Transport Canada; or 

Bombardier, Inc.’s Transport Canada Design 

Approval Organization (DAO). If approved by 

the DAO, the approval must include the 

DAO-authorized signature. 

(3) Required for Compliance (RC): Except 

as required by paragraph (k)(2) of this AD, if 

any service information contains procedures 

or tests that are identified as RC, those 

procedures and tests must be done to comply 

with this AD; any procedures or tests that are 

not identified as RC are recommended. Those 

procedures and tests that are not identified 

as RC may be deviated from using accepted 

methods in accordance with the operator’s 

maintenance or inspection program without 

obtaining approval of an AMOC, provided 

the procedures and tests identified as RC can 

be done and the airplane can be put back in 

an airworthy condition. Any substitutions or 

changes to procedures or tests identified as 

RC require approval of an AMOC. 

(l) Additional Information 

(1) Refer to Transport Canada AD CF– 

2023–05, dated February 8, 2023, for related 

information. This Transport Canada AD may 

be found in the AD docket at regulations.gov 

under Docket No. FAA–2023–1710. 

(2) For more information about this AD, 

contact Gabriel Kim, Aviation Safety 

Engineer, FAA, 1600 Stewart Avenue, Suite 

410, Westbury, NY 11590; telephone 516– 

228–7300; email 9-avs-nyaco-cos@faa.gov. 

(m) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless this AD specifies otherwise. 

(i) Bombardier Service Bulletin 604–36– 

005, dated December 23, 2022. 

(ii) Bombardier Service Bulletin 605–36– 

002, dated December 23, 2022. 

(iii) Bombardier Service Bulletin 650–36– 

001, dated December 23, 2022. 

(iv) Kidde Aerospace and Defense Service 

Bulletin CFD–26–1, Revision 6, dated 

February 28, 2022. 

Note 1 to paragraph (m)(2)(iv): The 

revision level of this service bulletin is only 

identified on the transmittal sheet. 

(3) For Bombardier service information 

identified in this AD, contact Bombardier 

Business Aircraft Customer Response Center, 

400 Coˆte-Vertu Road West, Dorval, Que ́bec 

H4S 1Y9, Canada; telephone 514–855–2999; 

email ac.yul@aero.bombardier.com; website 

bombardier.com. 

(4) For Kidde Aerospace & Defense service 

information identified in this AD, contact 

Kidde Aerospace & Defense, 4200 Airport 

Drive NW, Building B, Wilson, NC 27896; 

telephone: 319–295–5000; website: 

kiddetechnologies.com/aviation.com. 

(5) You may view this service information 

at the FAA, Airworthiness Products Section, 

Operational Safety Branch, 2200 South 216th 

St., Des Moines, WA. For information on the 

availability of this material at the FAA, call 

206–231–3195. 

(6) You may view this service information 

that is incorporated by reference at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, 

email fr.inspection@nara.gov, or go to: 

www.archives.gov/federal-register/cfr/ibrlocations.html. 

Issued on November 2, 2023. 

Victor Wicklund, 

Deputy Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2023–26382 Filed 11–30–23; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[USCG–2023–0933] 

RIN 1625–AA00 

Safety Zone, Upper Mississippi River 

MM 660.5–659.5, Lansing, IA 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

all navigable waters in the Upper 

Mississippi River at Mile Marker (MM) 

660.5 through 659.5. The safety zone is 

needed to protect personnel, vessels, 

and the marine environment from all 

potential hazards associated with the 

implosion of the Lansing Power Station. 

Entry of vessels or persons into this 

zone is prohibited unless specifically 

authorized by the Captain of the Port 

Sector Upper Mississippi River (COTP) 

or a designated representative. 

DATES: This rule is effective without 

actual notice from December 1, 2023 

through December 8, 2023. For the 

purposes of enforcement, actual notice 

will be used from November 28, 2023, 

until December 1, 2023. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2023– 

0933 in the search box and click 

‘‘Search.’’ Next, in the Document Type 

column, select ‘‘Supporting & Related 

Material.’’ 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email MSTC Nathaniel Dibley, Sector 

Upper Mississippi River Waterways 

Management Division, U.S. Coast 

Guard; telephone 314–269–2560, email 

Nathaniel.D.Dibley@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

The Coast Guard is issuing this 

temporary rule without prior notice and 

opportunity to comment pursuant to 

authority under section 4(a) of the 

Administrative Procedure Act (APA) (5 

U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because a 

temporary safety zone must be 

established immediately to protect 

personnel, vessels, and the marine 

environment from potential hazards 

created by the use of explosives for the 

implosion of the power plant and lack 

sufficient time to provide a reasonable 

comment period and then consider 

those comments before issuing the rule. 

It is impracticable to publish an NPRM 

because we must establish this safety 

zone by November 28, 2023. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 


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83826 Federal Register / Vol. 88, No. 230 / Friday, December 1, 2023 / Rules and Regulations 

making this rule effective less than 30 

days after publication in the Federal 

Register. Delaying the effective date of 

this rule would be impracticable 

because action is needed to respond to 

the potential safety hazards associated 

the use of explosives for the implosion 

of the Lansing Power Station starting 

November 28, 2023. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 46 U.S.C. 70034. The 

Captain of the Port Sector Upper 

Mississippi River (COTP) has 

determined that potential hazards 

associated with the use of explosions for 

the implosion of the Lansing Power 

Plant will be a safety concern for anyone 

operating or transiting within the Upper 

Mississippi River from MM 660.5 

through 659.5. This rule is needed to 

protect personnel, vessels, and the 

marine environment in the navigable 

waters within the safety zone while the 

implosion is being conducted. 

IV. Discussion of the Rule 

The implosion event will be occurring 

on two dates in which explosives will 

be used on an implosion of the Lansing 

Power Plant located between MM 

660.5–659.5 beginning November 28, 

2023. The safety zone is designed to 

protect waterway users until work is 

complete. 

No vessel or person will be permitted 

to enter the safety zone without 

obtaining permission from the COTP or 

a designated representative. A 

designated representative is a 

commissioned, warrant, or petty officer 

of the U.S. Coast Guard (USCG) assigned 

to units under the operational control of 

USCG Sector Upper Mississippi River. 

To seek permission to enter, contact the 

COTP or a designated representative via 

VHF–FM channel 16, or through USCG 

Sector Upper Mississippi River at 314– 

269–2332. Persons and vessels 

permitted to enter the safety zone must 

comply with all lawful orders or 

directions issued by the COTP or 

designated representative. The COTP or 

a designated representative will inform 

the public of the effective period for the 

safety zone as well as any changes in the 

dates and times of enforcement, as well 

as reductions in the size of the safety 

zone through Local Notice to Mariners 

(LNMs), Broadcast Notices to Mariners 

(BNMs), and/or Safety Marine 

Information Broadcast (SMIB), as 

appropriate. 

V. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

Executive orders related to rulemaking. 

Below we summarize our analyses 

based on a number of these statutes and 

Executive orders, and we discuss First 

Amendment rights of protestors. 

A. Regulatory Planning and Review 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits. 

This rule has not been designated a 

‘‘significant regulatory action,’’ under 

section 3(f) of Executive Order 12866, as 

amended by Executive Order 14094 

(Modernizing Regulatory Review). 

Accordingly, this rule has not been 

reviewed by the Office of Management 

and Budget (OMB). 

This regulatory action determination 

is based on the size, location, and 

duration of the safety zone. The safety 

zone would impact a small designated 

area located on the Upper Mississippi 

River at MM 660.5–659.5, near Lansing, 

IA. The Safety Zone is expected to be 

active only during the implosion events, 

from November 28 until December 08, 

2023. Vessel traffic will be able to safely 

transit around this safety zone when the 

safety zone is not enforced. 

B. Impact on Small Entities 

The Regulatory Flexibility Act of 

1980, 5 U.S.C. 601–612, as amended, 

requires Federal agencies to consider 

the potential impact of regulations on 

small entities during rulemaking. The 

term ‘‘small entities’’ comprises small 

businesses, not-for-profit organizations 

that are independently owned and 

operated and are not dominant in their 

fields, and governmental jurisdictions 

with populations of less than 50,000. 

The Coast Guard certifies under 5 U.S.C. 

605(b) that this rule will not have a 

significant economic impact on a 

substantial number of small entities. 

While some owners or operators of 

vessels intending to transit the safety 

zone may be small entities, for the 

reasons stated in section V.A above, this 

rule will not have a significant 

economic impact on any vessel owner 

or operator because the zone will be 

enforced only when work is being 

conducted. 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this rule. If the rule 

would affect your small business, 

organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please call or email the 

person listed in the FOR FURTHER

INFORMATION CONTACT section. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1– 

888–REG–FAIR (1–888–734–3247). The 

Coast Guard will not retaliate against 

small entities that question or complain 

about this rule or any policy or action 

of the Coast Guard. 

C. Collection of Information 

This rule will not call for a new 

collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

D. Federalism and Indian Tribal 

Governments 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on the States, on the relationship 

between the National Government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. We have 

analyzed this rule under that Order and 

have determined that it is consistent 

with the fundamental federalism 

principles and preemption requirements 

described in Executive Order 13132. 

Also, this rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

E. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or Tribal Government, in 

the aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 


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Federal Register / Vol. 88, No. 230 / Friday, December 1, 2023 / Rules and Regulations 83827 

F. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Directive 023–01, Rev. 1, associated 

implementing instructions, and 

Environmental Planning COMDTINST 

5090.1 (series), which guide the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321–4370f), and have 

determined that this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves a safety 

zone encompassing the width of the 

Upper Mississippi River at MM 660.5– 

659.5. It is categorically excluded from 

further review under paragraph L60(a) 

of Appendix A, Table 1 of DHS 

Instruction Manual 023–01–001–01, 

Rev. 1. A Record of Environmental 

Consideration supporting this 

determination is available in the docket. 

For instructions on locating the docket, 

see the ADDRESSES section of this 

preamble. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to call or email the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places, or vessels. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 46 U.S.C. 70034, 70051, 70124; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 00170.1, Revision No. 01.3. 

■ 2. Add § 165.T08–0933 to read as 

follows: 

§ 165.T08–0933 Safety Zone; Upper 

Mississippi River, Mile Markers 660.5–659.5, 

Lansing, IA. 

(a) Location. The following area is a 

safety zone: all navigable waters within 

Upper Mississippi River, Mile Markers 

660.5–659.5, Lansing, IA. 

(b) Enforcement period. This section 

will be subject to enforcement from 

November 28, 2023, through December 

08, 2023. 

(c) Regulations. (1) In accordance with 

the general safety zone regulations in 

§ 165.23, entry of persons or vessels into 

this safety zone described in paragraph 

(a) of this section is prohibited unless 

authorized by the COTP or a designated 

representative. A designated 

representative is a commissioned, 

warrant, or petty officer of the U.S. 

Coast Guard (USCG) assigned to units 

under the operational control of USCG 

Sector Upper Mississippi River. 

(2) To seek permission to enter, 

contact the COTP or a designated 

representative via VHF–FM channel 16, 

or through USCG Sector Upper 

Mississippi River at 314–269–2332. 

Persons and vessels permitted to enter 

the safety zone must comply with all 

lawful orders or directions issued by the 

COTP or designated representative. 

(d) Informational broadcasts. The 

COTP or a designated representative 

will inform the public of the effective 

period for the safety zone as well as any 

changes in the dates and times of 

enforcement, as well as reductions in 

size or scope of the safety zone through 

Local Notice to Mariners (LNMs), 

Broadcast Notices to Mariners (BNMs), 

and/or Safety Marine Information 

Broadcast (SMIB) as appropriate. 

Dated: November 27, 2023. 

A.R. Bender, 

Captain, U.S. Coast Guard, Captain of the 

Port Sector Upper Mississippi River. 

[FR Doc. 2023–26377 Filed 11–30–23; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2023–0916] 

Safety Zone; Military Ocean Terminal 

Concord Safety Zone, Suisun Bay, 

Concord, CA 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Notification of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

a safety zone in the navigable waters of 

Suisun Bay, off Concord, CA, in support 

of explosive handling operations at 

Military Ocean Terminal Concord 

(MOTCO) on November 26, 2023, 

through December 3, 2023. This safety 

zone is necessary to protect personnel, 

vessels, and the marine environment 

from potential explosion within the 

explosive arc. The safety zone is open 

to all persons and vessels for transitory 

use, but vessel operators desiring to 

anchor or otherwise loiter within the 

safety zone must obtain the permission 

of the Captain of the Port (COTP) San 

Francisco or a designated 

representative. 

DATES: The regulations in 33 CFR 

165.1198 will be enforced from 12:01 

a.m. on November 26, 2023, until 11:59 

p.m. on December 3, 2023. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this 

notification of enforcement, call or 

email LT William Harris, U.S. Coast 

Guard Sector San Francisco, Waterways 

Management Division, at 415–399–7443, 

SFWaterways@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the safety zone in 33 

CFR 165.1198 for the Military Ocean 

Terminal Concord, CA (MOTCO) 

regulated area from 12:01 on November 

26, 2023, until 11:59 p.m. on December 

3, 2023, or as announced via marine 

information bulletin. This safety zone is 

necessary to protect personnel, vessels, 

and the marine environment from 

potential explosion within the explosive 

arc. The regulation for this safety zone, 

§ 165.1198(a), specifies the location of 

the safety zone which encompasses the 

navigable waters in the area between 

500 yards of MOTCO Pier in position 

38°03′30′′ N, 122°01′14′′ W and 3,000 

yards of the pier. During the 

enforcement period, as reflected in 

§ 165.1198(d), if you are the operator of 

a vessel in the regulated area you mut 

comply with the instructions of the 

COTP or the designated on-scene patrol 

personnel. Vessel operators desiring to 

anchor or otherwise loiter within the 

safety zone must contact Sector San 

Francisco Vessel Traffic Service at 415– 

556–2760 or VHF Channel 14 to obtain 

permission. 

In addition to this notification of 

enforcement in the Federal Register, the 

Coast Guard plans to provide 

notification of this enforcement period 

via marine information broadcasts. 

Dated: November 27, 2023. 

Taylor Q. Lam, 

Captain, U.S. Coast Guard, Captain of the 

Port San Francisco. 

[FR Doc. 2023–26411 Filed 11–30–23; 8:45 am] 

BILLING CODE 9110–04–P 


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